IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10400 OF 2017 Mohammed Arif Mohd. Gaus ...Petitioner V/s.

The Municipal Corporation of Greater Mumbai ...Respondent ______________

Ms. Sunita Dube i/b. Mr. Bholaprasad S. Shukla for the Petitioner.

Mr. Santosh Mali i/b. Ms. Komal Punjabi for the Respondent-BMC.

______________

CORAM: SANDEEP V. MARNE, J.

DATED: 15 DECEMBER 2025.

P.C.:

1) On 15 July 2024 this Court had passed following order:-

. None for the Petitioner. This is a petition of 2017, in which ad-interim protection granted by the Trial Court was continued on 15 September 2017. Thereafter, the record shows, that the Petitioner has consistently sought time and ad-interim protection was continued.

2. On 11.10.2017, the learned counsel for the Petitioner assured the Court that no adjournment will be sought and it is recorded that if any adjournment is sought, the continuation of ad-interim will not be prayed.

3. On 18.07.2019, again nobody appeared for the Petitioner and the matter was adjourned as a last chance.

4. Thereafter, the matter appeared on 03.01.2024 when again a request was made on behalf of the Petitioner for adjournment and ad-interim was extended.

5. Today the matter was called out in the morning session, when nobody appeared; therefore it was kept back. In the second session also, nobody appeared when called out.

6. In view of this position, stand over to 22.07.2024. The Petitioner is put to notice that if the matter is not argued on merits on the next occasion, appropriate ex-parte orders may be passed.

7. Ad-interim relief granted earlier to continue till next date.

2) When the matter was posted on 1 December 2025 following order was passed:-

1) None appears for the Petitioner.

2) List the matter under the caption ‘for dismissal’ on 9 December

2025.

3) On 9 December 2025 following order has been passed:-

1) Mr. Yadav, the learned counsel appears for the Petitioner. Though the Petition is listed under the caption ‘for dismissal’, request for adjournment is made.

2) By way of last chance, list the Petition on 15 December 2025.

4) Today again, request for adjournment is made on the ground of ill health of counsel appearing for the Petitioner. Petitioner is enjoying ad-interim relief granted by this Court for the last 8 long years and is thereby occupying the subject premises. In that view of the matter request for adjournment cannot be without consequences. Accordingly, the Petitioner shall pay the costs of Rs.10,000/- to the Respondent -Municipal Corporation. Subject to payment of costs within a period of four weeks, hearing of the Petition is deferred till 20 January 2026.

5) It is made clear that if the costs are not paid within the stipulated period, the Petition shall be dismissed on the next date.

6) Ad-interim relief to continue till the next date of hearing.

[SANDEEP V. MARNE, J.]

Signed by: Megha S. Parab Designation: PA To Honourable Judge 15 December 2025 Date: 16/12/2025 11:04:33